Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 300
               VOLUNTARY FIREARM RESTRICTIONS AMENDMENTS
                                          2023 GENERAL SESSION
                                              STATE OF UTAH
                                     Chief Sponsor: Steve Eliason
                                 Senate Sponsor: Michael S. Kennedy
 6
 LONG TITLE
 General Description:
         This bill addresses provisions regarding voluntary firearm restrictions.
 Highlighted Provisions:
         This bill:
         < creates a voluntary firearm restricted list that allows an individual to request:
              C     to be restricted from purchasing or possessing firearms indefinitely; and
              C     removal from the list after 90 days;
         < directs the Bureau of Criminal Identification (bureau) to create a process for an
 individual to request to be placed on or removed from the voluntary firearm
 restricted list;
         < allows an individual seeking to be placed on a voluntary firearm restricted list to
 direct the individual's health care provider to deliver the individual's forms for
 inclusion on the list to the bureau;
         < directs that when the bureau receives a request from an individual to be removed
 from a voluntary firearm restricted list, the bureau shall remove the individual after
 a certain time period after the day on which the individual requests the removal;
         < removes the requirement for the bureau to enter the information received from an
 individual requesting to be placed on a voluntary firearm restricted list into the
 National Instant Criminal Background Check System; and
         < makes technical and conforming changes.
 Money Appropriated in this Bill:
         None
       H.B. 300                                                                         Enrolled Copy
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
         53-5c-102, as last amended by Laws of Utah 2021, Chapter 166
         53-5c-301, as enacted by Laws of Utah 2021, Chapter 166
 ENACTS:
         53-5c-302, Utah Code Annotated 1953
 REPEALS:
         53-5c-101, as enacted by Laws of Utah 2013, Chapter 188
40
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 53-5c-102 is amended to read:
         53-5c-102. Definitions.
         As used in this [part] chapter:
         (1) "Bureau" means the Bureau of Criminal Identification created in Section
 53-10-201.
         (2) "Cohabitant" means [a person] an individual who is 21 years [of age] old or older
 who resides in the same residence as the other party.
         (3) "Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short
 barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a
 projectile by action of an explosive.
         (4) "Health care provider" means a person:
         (a) who provides health care or professional services related to health care; and
         (b) is acting within the scope of the person's license, certification, practice, education,
 or training.
         [(4)] (5) "Illegal firearm" means a firearm the ownership or possession of which is
 prohibited under state or federal law.
                                                      -2-
       Enrolled Copy                                                                          H.B. 300
         [(5)] (6) "Law enforcement agency" means a municipal or county police agency or an
 officer of that agency.
         [(6)] (7) "Owner cohabitant" means a cohabitant who owns, in whole or in part, a
 firearm.
         [(7) "Public interest use" means:]
         [(a) use by a government agency as determined by the legislative body of the agency's
 jurisdiction; or]
         [(b) donation to a bona fide charity.]
         Section 2. Section 53-5c-301 is amended to read:
         53-5c-301. Voluntary restrictions on firearm purchase and possession.
         (1) An individual who is not a restricted person under Section 76-10-503 may
 voluntarily request to be restricted from the purchase [and] or possession of firearms [through a
 voluntary process].
         (2) An individual requesting to be restricted under Subsection (1) may request
 placement on one of the following restricted lists:
         (a) a restricted list that:
         (i) restricts the individual from purchasing or possessing a firearm for 180 days with
 automatic removal of the individual from the restricted list at the end of the 180 days; and
         (ii) allows the individual to request removal 30 days after the day on which the
 individual is added to the restricted list; or
         (b) a restricted list that:
         (i) restricts the individual from purchasing or possessing a firearm indefinitely; and
         (ii) allows the individual to request removal 90 days after the day on which the
 individual is added to the restricted list.
         [(2)] (3) (a) [The] Subject to Subsections (8) and (9), the bureau shall develop a
 process and forms for inclusion on, and removal from, a [temporary] restricted list as described
 in Subsection (2) to be maintained by the bureau.
         (b) The bureau shall make the forms for inclusion and removal available by download
                                                      -3-
        H.B. 300                                                                         Enrolled Copy
 through the bureau's website and require, at a minimum, the following information for the
 individual described in Subsection (1):
         (i) name;
         (ii) address;
         (iii) date of birth;
         (iv) contact information;
         (v) [the] signature [of the individual]; and
         (vi) (A) if the individual is entered on the restricted list as described in Subsection
 (2)(a), an acknowledgment of the statement in Subsection [(8)] (8)(a); or
         (B) if the individual is entered on the restricted list as described in Subsection (2)(b),
 an acknowledgment of the statement in Subsection (8)(b).
         [(3)] (4) (a) An individual requesting inclusion on [the temporary] a restricted list
 under Subsection (2) shall:
         (i) deliver the completed form in person to a law enforcement agency; or
         (ii) direct the individual's health care provider under Section 53-5c-302 to
 electronically deliver the individual's completed form to the bureau.
         (b) The law enforcement agency described in Subsection [(3)(a):] (4)(a)(i):
         (i) shall verify the individual's identity before accepting the form;
         (ii) may not accept a form from someone other than the individual named on the form;
 and
         (iii) shall transmit the form electronically to the bureau through the Utah Criminal
 Justice Information System.
         [(4)] (5) Upon receipt of a verified form provided under this section or Section
 53-5c-302 requesting inclusion on [the temporary] a restricted list, the bureau shall, within 24
 hours[: (a)], add the individual's name to the restricted list[; and].
         [(b) enter the information in the National Instant Criminal Background Check System
 Indices, including:]
         [(i) the date of the entry; and]
                                                        -4-
        Enrolled Copy                                                                           H.B. 300
         [(ii) that the restriction ends 180 days after the date of the entry.]
         [(5) If the bureau does not receive a request for extension before the removal date, the
 bureau shall remove the individual from the temporary restricted list.]
         (6) (a) [An individual who is added to the temporary restricted list] For an individual
 added to the restricted list described in Subsection (2)(a):
         (i) the individual may not request removal from the restricted list unless the individual
 has been on the restricted list for at least 30 days[.];
         [(b)] (ii) [The] the bureau shall remove [an] the individual from the restricted list 180
 days after the day on which the individual was added to the restricted list, unless the individual
 [requests]:
         (A) requests to be removed from the restricted list after 30 days;
         (B) requests to remain on the restricted list[.]; or
         (C) directs the individual's health care provider to request that the individual remain on
 the restricted list;
         [(c)] (iii) [Requests] a request for [extensions] an extension shall be made in the same
 manner as the original request[.]; and
         [(d)] (iv) [An] the individual may continue to request, or direct the individual's health
 care provider to continue to request, extensions every 180 days.
         (b) For an individual added to a restricted list under Subsection (2)(b), the individual:
         (i) may not request removal from the restricted list unless the individual has been on
 the restricted list for at least 90 days; and
         (ii) shall remain on the restricted list, unless the bureau receives a request from the
 individual to have the individual's name removed from the restricted list.
         (7) If an individual restricted under this section is a concealed firearm permit holder,
 the individual's permit shall be:
         (a) suspended upon entry on the [temporary] restricted list; and
         (b) reinstated upon removal from the restricted list, unless:
         (i) the permit has been revoked, been suspended for a reason other than under this
                                                        -5-
        H.B. 300                                                                          Enrolled Copy
 section, or has expired; or
         (ii) the individual has become a restricted person under Section 76-10-503.
         (8) (a) The form for an individual seeking to be placed on the restricted list described
 in Subsection (2)(a) shall have the following language prominently displayed before the
 signature:
                                           ACKNOWLEDGMENT
         "By presenting this completed form to a law enforcement agency, I understand that I am
 requesting that my name be placed on a restricted list that restricts my ability to purchase or
 possess firearms for a minimum of 30 days, and up to 6 months. I understand that by
 voluntarily making myself a temporarily restricted person, I may not have a firearm in my
 possession and any attempt to purchase a firearm while I am on the restricted list will be
 declined. I also understand that any time after 30 days, I may request removal from the
 [temporary] restricted list and all previous rights will be restored. In addition, if I am in
 possession of a valid concealed firearm permit, my permit will be suspended during the time I
 am on the restricted list, but will be reinstated upon my removal, unless the permit has expired,
 been revoked, been suspended for another reason, or I become ineligible to possess a firearm.
 Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while
 outside Utah, I will be subject to the law of that location regarding restricted persons."
         (b) The form for an individual seeking to be placed on the restricted list described in
 Subsection (2)(b) shall have the following language prominently displayed before the
 signature:
                                           ACKNOWLEDGMENT
         "By presenting this completed form to a law enforcement agency, I understand that I am
 requesting that my name be placed on a restricted list that restricts my ability to purchase or
 possess firearms indefinitely. I understand that by voluntarily making myself a temporarily
 restricted person, I may not have a firearm in my possession and any attempt to purchase a
 firearm while I am on the restricted list will be declined. I also understand that any time after
 90 days, I may request removal from the restricted list and all previous rights will be restored.
                                                       -6-
        Enrolled Copy                                                                           H.B. 300
 In addition, if I am in possession of a valid concealed firearm permit, my permit will be
 suspended during the time I am on the restricted list, but will be reinstated upon my removal,
 unless the permit has expired, been revoked, been suspended for another reason, or I become
 ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or
 attempt to purchase a firearm while outside Utah, I will be subject to the law of that location
 regarding restricted persons."
         (9) (a) An individual requesting removal from [the temporary] a restricted list shall
 deliver a completed removal form in person to:
         (i) the law enforcement agency that processed the inclusion form if the individual was
 placed on the restricted list under Subsection [(3)] (4)(a)(i); or
         (ii) the individual's local law enforcement agency if the individual was placed on the
 restricted list under Subsection (4)(a)(ii).
         (b) The law enforcement agency described in Subsection (9)(a):
         (i) shall verify the individual's identity before accepting the form;
         (ii) may not accept a removal form from someone other than the individual named on
 the form; and
         (iii) shall transmit the removal form electronically to the bureau through the Utah
 Criminal Justice Information System.
         (10) Upon receipt of a verified removal form, the bureau shall, [within 24 hours] after
 three business days, remove the individual from the [temporary] restricted list and remove the
 information from the National Instant Criminal Background Check System.
         (11) [Within] For an individual added to the restricted list under Subsection (2)(a),
 within 30 days before the 180-day removal deadline, the bureau shall notify the individual at
 the address listed on the [form and] inclusion form described in Subsection (4) and, if
 applicable, the law enforcement agency that processed the inclusion form, that the individual is
 due to be removed from the [temporary] restricted list, and the date on which the removal will
 occur, unless the individual requests an extension of up to 180 days.
         (12) (a) A law enforcement agency that receives a request for inclusion under
                                                       -7-
        H.B. 300                                                                          Enrolled Copy
 Subsection (4)(a)(i) shall:
         (i) maintain the completed form and all subsequent completed forms in a separate
 file[.]; and
         [(b) If the individual requests removal before the end of the 180 days, the law
 enforcement agency shall destroy the entire file within five days after transmission of the
 information to the bureau.]
         [(c)] (ii) [If the individual does not request an extension after notification in accordance
 with Subsection (11), the law enforcement agency shall] for an individual added to the
 restricted list under Subsection (2)(a), destroy the entire file within five days after the date
 indicated in the notification if the individual does not request an extension after notification in
 accordance with Subsection (11).
         (b) A law enforcement agency that receives a removal request under Subsection (9)
 shall destroy the entire file associated with the individual within five days after the day on
 which the information is transmitted to the bureau.
         [(d)] (c) Upon removal of an individual from [the voluntary] a restricted list, the bureau
 shall destroy all records related to the inclusion and removal of the individual within five days
 after the day on which the individual was removed.
         [(e)] (d) All forms and records created in accordance with this section are classified as
 private records in accordance with Title 63G, Chapter 2, Government Records Access and
 Management Act.
         (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to develop the process and forms to implement this section.
         Section 3. Section 53-5c-302 is enacted to read:
         53-5c-302. Assistance from a health care provider -- Restricted list.
         (1) An individual who is not a restricted person under Section 76-10-503 and is
 seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual's health
 care provider to electronically deliver the individual's inclusion form described in Section
 53-5c-301 to the bureau.
                                                       -8-
        Enrolled Copy                                                                                 H.B. 300
           (2) In addition to the inclusion form described in Section 53-5c-301, the bureau shall
 create a form, available by download through the bureau's website, for:
           (a) an individual who is directing a health care provider to electronically deliver the
 individual's inclusion form and require, at a minimum, the following information:
           (i) the individual's signature;
           (ii) the name of the individual's health care provider; and
           (iii) the individual's acknowledgment of the statement in S